A decision to set the maximum number of sexual entertainment venues in Edinburgh at zero has been quashed.
Last year, the City of Edinburgh Council voted to effectively ban strip clubs, before campaigners forced a judicial review.
A council committee opted for a nil-cap on sex establishments - which was set to be implemented in April - which the city’s sex workers feared would put them out of work and risk the future of several venues.
In the Court of Session in Edinburgh on Friday, Lord Richardson decided that councillors had made the decision on the “basis of erroneous legal advice”.
STV reported that decision made by the city’s regulatory committee in March was a five-to-four vote in favour of setting the cap at zero. Councillors had the option of setting the cap at four, keeping all the clubs open, but this was rejected.
The council’s lawyer had argued the Scottish Parliament had set out a legislative duty to determine the appropriate number of venues from time to time, and had “provided the number may be zero”.
Lawyers representing the United Sex Workers (USW) union told the judicial review that the policy would impede on strippers’ rights, as well as threatening their livelihoods.
Rosie Walker, partner and head of litigation at Gilson Gray, who acted for the USW along with counsel David Welsh throughout its legal challenge, commented: “I am delighted for the USW and all its members - they were incredibly brave to take on this fight to protect their livelihoods and were determined to see it through despite the many challenges put in their way.
“City of Edinburgh Council tried very hard to prevent USW from joining the action and attempted to block the Protective Expenses Order granted by the court.
“However, at the end of the day, the court has agreed with our argument that the nil-cap was unlawful and the council will now have to look at the decision again.
“If it had been upheld, the Council’s nil-cap decision would have resulted in the closure of all strip clubs in the city - that would have meant many of USW’s members losing their livelihoods or having to move away from their homes and families to find work elsewhere.“
Steve MacDonald, a spokesperson for the Club Operators Action Group, also welcomed the court's decision.
“We look forward to working with the Regulatory Committee and the Licensing Board in continuing to provide a proven safe working environment for all our staff members, customers and particularly our performers.
“Importantly, we also acknowledge the support of the USW Union - our partners in this action - as well as the continued support of the police and the LSO in assisting the clubs in maintaining the licencing objectives.”
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